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Home My WebLink About3225 BUCK OWENS BOULEVARD (5)State of California For State Use Only State Water Resources Control Board Divlslon of Financial Assistance P.O. Box 944212 Sacramento, CA 94244 -2121 Instructions on reverse side) CERTIFICATION OF FINANCIAL RESPONSIBILITY FOR UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM A. I am required to demonstrate Financial Responsibility in the required amountsas specified in California Code of Regulations (CCR), Title 23, Division 3, Chapter 18, Section 2807, 500,000 dollars per occurrence 1 million dollars annual aggregate or AND or 1 million dollars per occurrence 2 million dollars annual aggregate B, Valero Energy Corporation hereby certitles thatlt is in compliance with the requirements of Section 2807, Name of Tank Owner or Operator) Caliiomia Code of Regulations, Title 23, Division 3, Chapter 18, Article 3, Section 2807. The mechanisms used to demonstrate f]nancial responsibility as required by Section 2807 are as follows: C. Mechanism Mechanism Coverage Coverage Corrective Fhird ,Party Type, Name and Address of Issuer Number Amount Period Action Corn Chief Valero Energy 1, 000, 000 Financial Corporation Per Occurrence P.O.Box 696000 NSA 2,000,000 Annual Ye8 Yes Of f icer San Antonio TX Annual Letter 78269 -6000 Guarantee Valero Energy 1,000, 000 Corporation Per Occurrence P.O.Box 696000 N p' 2,000,000 Annual Yes Yes San Antonio TX Annual 78269 -6000 Note: Coverage period is 04 -19 -2012 to 04 -30 -2013 as defined by 40 CFR 280.111(b)(2). Note: ifyou are using the State Fund as any part ofyour demonstration of financial responsibility, your execution and submission of this certification also certifies that you are in compliance and shall maintain compliance with all conditions for participation in the Fund. See instructions. D. Facility Name Facility Address See Attached List Facility Name Facility Address Facility Name Facility Address E. 51 na e f Ta Ow r o rptor Date Name and Title ofTank Owner or Operator Michael S. Ciskowski Chief Financial Officer 5lgntu =e of Witness or Notary /\ Date Name of Witness or Notary Katherine Dorry /IQ /(2 CFRt Revised 11/08) FILE: Original -Local Agency Copies - Facility/Site(s) 04/18/2012 Valero Energy Corporation Fiscal Year 2011 Financial Assurance - Retail UST Store # Status Zone Address Citv State County Ca aci Product Facility ID # 3074 O 352 3225 BUCK OWENS BLVD BAKERSFIELD CA KERN 14,130 U 10,140 S 20,068 D Page 1 of 1 April 19, 2012 Certified Mail - Return Receipt Requested City of Bakersfield Fire Prevention Services Attn: Ernie Medina 2101 H Street Bakersfield, CA 93001 661- 326 -3684 - 661 - 852 -2171 (F) Re: Financial Responsibility — Fiscal Year 2011 — UST Facilities Enclosed are the documents for Valero Energy Corporation demonstrating financial assurance for Underground Storage Tank (UST) facilities owned by specific subsidiaries of Valero. These documents, listed below, have been updated to include Valero Energy Corporation's financial data for fiscal year 2011. Please forward to the appropriate personnel within your agency. Letter from CFO specifying the successful completion of the financial test of self - insurance. Guarantee by Valero Energy Corporation on behalf of the specific Valero subsidiary(s) owning the USTs. Certification of Financial Responsibility Certification of Financial Responsibility (California form) An addendum (list) that specifies the locations and tanks at each facility covered by these financial assurance mechanisms. Should you have any questions, please contact me at (210) 345 -4235 or e -mail: john.wi l lrodt2valero.com. Very truly yours, Jo Willrodt, Director Retail Environmental Enclosures Valero Energy Corporation • One Valero Way • San Antonio, Texas 78249 -1616 Post Office Box 696000 • San Antonio, Texas 78269 -6000 • Telephone (210) 345 -2000 IV VALERO April 19, 2012 California Environmental Protection Agency State Water Resources Control Board UST Clean Up Fund Attention: Ginny Lagomarsino 10011 Street, 17d' floor Sacramento, California 95814 916 - 341 -5722 - 916- 341- 5808(F) Dear Ms. Lagomarsino: Re: Financial Responsibility — Fiscal Year 2011— UST Facilities Enclosed are the documents for Valero Energy Corporation demonstrating financial assurance for Underground Storage Tank (UST) facilities owned by specific subsidiaries ofValero. These documents, listed below, have been updated to include Valero Energy Corporation's financial data for fiscal year 2011. Please forward to the appropriate personnel within your agency. Letter from CFO specifying the successful completion ofthe financial test of self - insurance. Guarantee by Valero Energy Corporation on behalf of the specific Valero subsidiary(s) owning the USTs. Certification of Financial Responsibility. Certification ofFinancial Responsibility (California form). An addendum (list) that specifies the locations and tanks at each facility covered by these financial assurance mechanisms. Should you have any questions, please contact me at (210) 345 -4235 or e-mail: john.willrodt@valero.com. VV F ly yours, IN Jo llrodt, Director Retail Environmental Enclosures Valero energy Corporation - One Valero Way - San Antonio, Texas 78249-1616 Post Office Box 696000 - Son Antonio, Texas 78269 -6000 - Telephone (210) 345.2000 VALIRW April 19, 2012 California Environmental Protection Agency State Water Resources Control Board UST Clean Up Fund Attn: Ginny Lagomarsino 1001 I Street, 17`s Floor Sacramento, CA 95814 RE: UST Financial Responsibility — Fiscal Year 2011 Dear Ms. Lagomarsino: Michael S. Ciskowski Executive Vice president and Chief Financial Officer 1 am the chief financial officer of Valero Energy Corporation located at P.O. Box 696000, San Antonio, Tc.xas 78269 -6000. This letter is in support of the use of the financial test of self - insurance and guarantee to demonstrate financial responsibility for taking corrective action and/or compensating third parties for bodily injury and property damage caused by sudden accidental releases and/or nonsudden accidental releases in the amount of at least $1,000,000 per occurrence and $2,000,000 annual aggregate arising from operating underground storage tanks. Underground storage tanks at the following facilities are assured by this financial test or a financial test under an authorized State program by this guarantor (see attached addendum). A financial test and guarantee are also used by this guarantor to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 CFR parts 271 and 145: EPA Regulations Amount Closure ( §§ 264.143 and 265 .143) .......................... Post - Closure Care ( §§ 264.145 and 265.145) ......... Liability Coverage ( §§ 264.147 and 265.147) Corrective Action (§ 264.101(b)) ........................... Plugging and Abandonment (§ 144.63) .................. Closure..................................... ............................... Post - Closure Care .................... ............................... Liability Coverage ................... ............................... Corrective Action ..................... ............................... Plugging and Abandonment ..... ............................... Total............................... ............................... 5,663,426 16,950,420 8,000,000 9,082,370 1,852,533 16,340,714 4,095,913 3,000,000 N/A N/A 64,985,376 Valero Energy Corporation • One Valero Way • San Antonio, Texas 78249 -1616 Post Office Box 696000 • San Antonio, Texas 78269 -6000 • Telephone (210) 345 -2146 • Facsimile (210) 345 -2497 Mike.Ciskowski@valero.com UST Financial Responsibility April 19, 2012 Page 2 of3 This guarantor has not received an adverse opinion, a disclaimer of opinion, or a "going concern" qualification from an independent auditor on his financial statements for the latest completed fiscal year. ALTERNATIVE H 1. Amount of annual UST aggregate coverage being assured by a test, and/or guarantee.................................................................................... ............................... 2,000,000 2. Amount of corrective action, closure and post - closure care costs, liability coverage, and plugging and abandonment costs covered by a financial test, and/or guarantee.................................................................................... ............................... 64,985,376 3. Sum oflines 1 and 2 ................................................................... ............................... 66,985,376 4. Total tangible assets ................................................................... ............................... 42,556,000,000 5. Total liabilities (if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount from this line and add that amount to line6) ......................................................................................... ............................... 26,338,000,000 6. Tangible net worth (subtract line 5 from line 4) ......................... ............................... 16,218,000,000 7. Total assets in the U.S. (required only if less than 90 percent of assets are located inthe U.S.) ................................................................................. ............................... 31,042,000,000 Yes No 8. Is line 6 at least $10 million? ..................................................... ............................... Yes 9. Is line 6 at least 6 times line 3? .................................................. ............................... Yes 10. Are at least 90 percent of assets located in the U.S.? (If "No," complete line 11.) ... No 11. Is line 7 at least 6 times line 3? .................................................. ............................... Yes Fill in either lines 12 -15 or lines 16 -18:] 12. Current assets ............................................................................. ............................... N/A 13. Current liabilities ........................................................................ ............................... N/A 14. Net working capital (subtract line 13 from line 12) ................... ............................... N/A 15. Is line 14 at least 6 times line 3? ................................................ ............................... N/A 16. Current bond rating of most recent bond issue ........................... ............................... BBB 17. Name of rating service ............................................................... ............................... Standard & Poor's 18. Date of maturity of bond ............................................................ ............................... 03/15/2019 19. Have financial statements for the latest fiscal year been filed with the SEC, the Energy Information Administration, or the Rural Electrification Administration ?... Yes UST Financial Responsibility April 19, 2012 Page 3 of 3 I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR part 280.95(d) as such regulations were constituted on the date shown immediately below. Michael . Ciskowski Executive Vice President and Chief Financial Officer April 19, 2012 t 5) Guarantor agrees to notify VRCC, VCRC, and VMSC by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as debtor, within 10 days after commencement of the proceeding. 6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of VRCC, VCRC, and VMSC pursuant to 40 CFR part 280. 7) Guarantor agrees to remain bound under this guarantee for so long as VRCC, VCRC, and VMSC must comply with the applicable financial responsibility requirements of 40 CFR part 280, subpart H for the above - identified tank(s), except that guarantor may cancel this guarantee by sending notice by certified mail to VRCC, VCRC, and VMSC, such cancellation to become effective no earlier than 120 days after receipt of such notice by VRCC, VCRC, and VMSC, as evidenced by the return receipt. 8) The guarantor's obligation does not apply to any of the following: a) Any obligation of VRCC, VCRC, and VMSC under a workers' compensation, disability benefits, or unemployment compensation law or other similar law; b) Bodily injury to an employee of VRCC, VCRC, and VMSC arising from, and in the course of, employment by VRCC, VCRC, and VMSC; c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft; d) Property damage to any property owned, rented, loaded to, in the care, custody, or control of, or occupied by VRCC, VCRC, and VMSC that is not the direct result of a release from a petroleum underground storage tank; e) Bodily damage or property damage for which VRCC, VCRC, and VMSC are obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93. 9) Guarantor expressly waives notice of acceptance of this guarantee by SWRCB, by any or all third parties, or by VRCC, VCRC, and VMSC. I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 280.96(c) as such regulations were constituted on the effective date shown immediately below. Effective date: April 19, 2012 Valero Energy Corporation Michael S. Ciskowski Executive Vice President and Chief Financial Officer Signature of witness or notary: tri —T A & k 1 c A AAAAAAAAAAAAAAAAAAAAAAAAAA, KATHERINE DORR fi Notary Public STATE OF TEXAS d My Comm. Exp. 10 -20 -2012 2 - R vnvsvev FTTVVV WV"VTvvWYV"V,7 Certification ofFinancial Responsibility Valero Refining Company - California, Valero California Retail Company, and Valero Marketing and Supply Company hereby certify that it is in compliance with the requirements of subpart H of 40 CFR part 280. The financial assurance mechanism(s) used to demonstrate financial responsibility under subpart H of 40 CFR part 280 are as follows: Financial Test of Self - Insurance — 2011 - For taking corrective action and/or compensating third parties for bodily injury and property damage caused by sudden accidental releases and/or nonsudden accidental releases in the amount of at least $1,000,000 per occurrence and $2,000,000 annual aggregate arising from operating underground storage tanks. Guarantee — 2011 - For taking corrective action and compensating third parties for bodily injury and property damage caused by either sudden accidental releases or nonsudden accidental releases or accidental releases arising from operating underground storage tanks in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. Valero Refining Company- California Valero California Retail Company Valero Marketing and Supply Company Donna M. Titzman Vice President and Trea r April 19, 2012 atherine Dorr April '19, 2012 eew, ,"AA e°°&A_&_"AAAAAAAAAt- t,,av P B KATHERINE DORR Notary Public 4 STATE OF TEXAS My Comm. Exp. 10 -20 -2012 Post Office Box 696000 • San Antonio, Texas 78269 -6000 Telephone (210) 345 -2000